Ask Your VA Claims Questions | Read Current Posts
Read VA Disability Claims Articles
Search | View All Forums | Donate | Blogs | New Users | Rules
Penelope
-
Posts
68 -
Joined
-
Last visited
Content Type
Profiles
Forums
Events
VA Disability and Benefits Information
VA Benefits News
Store
Posts posted by Penelope
-
-
I think I have posted this is the wrong place, so I am re-posting it here.
I am trying to figure out whether I should apply for Permanent and Total and Unemployablity and when I should do that. Your thoughts are appreciated. I was rated at 60% for Chronic Fatigue Syndrome in 1994. At the time of the rating, the decision states that "extra scheduler evaluation is not necessary". They had also considered granting a 100% rating. I also had other medical conditions mentioned in the decision. In 2012, I was unable to continue working due to increasing medical issues. On my doctor's advice, I retired. It was not a medical retirement, I had my time in and was eligible. I also filed for Social Security Disability. The hearing decision has not come back, yet. I don't understand what is meant by extra scheduler evaluation not necessary." After thinking about the last statement, I think they didn't consider because they didn't have to as I was still working. I think I need to wait until 2015 to file the claim so that my 60% rating is protected. Is this correct? Thanks for your thoughts.
-
I am trying to figure out whether I should apply for Permanent and Total and Unemployablity and when I should do that. Your thoughts are appreciated. I was rated at 60% for Chronic Fatigue Syndrome in 1994. At the time of the rating, the decision states that "extra scheduler evaluation is not necessary". They had also considered granting a 100% rating. I also had other medical conditions mentioned in the decision. In 2012, I was unable to continue working due to increasing medical issues. I also filed for Social Security Disability. The hearing decision has not come back, yet. I don't understand what is meant by extra scheduler evaluation not necessary." I think I need to wait until 2015 to file the claim so that my 60% rating is protected. Is this correct? Thanks for your thoughts.
-
Thank you for taking the time to answer my question. I appreciate it. I feel a bit more relaxed now about the whole thing. Thanks again.
-
I would appreciate anyone's help and insight with regard to something that I think may have messed up my claim. I am just not sure.
I have been rated at 60% for Chronic Fatigue Syndrome for 18 years. I had been on a reduced work schedule at work for about 20 years. My symptoms have gotten worse and I could no longer perform my job satisfactorily. My hours were changed, my responsibilities changed, and the stress was unmanageable. Since I was working with accounts involving money and experience the brain fog, etc, I retired.
My son, turned 18, in 2010 and I did not submit any paperwork to keep up the benefit for him while he finished high school. I didn't do this because I was not sure if he was going to continue on to college and figured it would be only for a few months anyway. To make a long story short, he did finish high school and is using the college plan that his father and I paid for. His father searched and found that he could keep his benefit as long as he was in college. So, he filled out the paperwork and sent it in to get the benefit back that he was getting all through school. This was in January. I called to check on the status because we hadn't heard anything and was surprised when the person on the phone called it a "claim'. I thought it was just an administrative process to add back the benefit that he already had.
I am worried that this opens up my entire claim file again and that my 60% benefit could be taken away from me and that I will have to fight the fight again. I have enough documentation that would continue the benefit, if it was taken away, but to have to fight it all over again is depressing. My thoughts had been to apply for Social Security Disability this year and then after my claim had been in force for the 20 years file for unemployability.
Your thoughts are appreciated. Thank you for your time.
-
Hello to all,
I was referred here by some AF buddies, so I hope to gain some valuable info before I officially retire. I have been reading some posts and I feel that I am in very good hands here:)
I am located in Warner Robins, GA. My questions are in regards to my upcoming retirement physical and my particular medical issues that I have had in my 20 years in the Air Force.
I have had elbow surgery w/a nice scar ( LATERAL EPICONDYLITIS OF ELBOW) , problems with my shoulder, an upper GI for acid reflux, hypertension and several other minor issues, but my most severe issue has been my lower back and I have had problems for sometime. I have seen a neurologist, used may different pain meds, muscle relaxers and even nerve medications and none have really helped. I have also had physical therapy and seen a Chiorapractor and still no results. I have recently been referred to a Pain clinic and will be undergoing some injections, so I hope that this helps!
Has anyone had the same type of issue with their back? and since I will be retireing soon, will I have a chance at any disability for this or any other of my ailments? I know this is a long post and I may even be posting these questions in the wrong section, so any words of wisdom and advice would be greatly appreciated!!! I thank everyone in advance!
I just want to say that I am sorry to hear of your back problems. My husband has suffered for a long time with his back. I can't emphasize enough what another poster has said and not to let anyone do invasive surgery until you are sure. With back problems, everyone has an opinion. My husband has undergone epdidural steroid injections in his spine several times. The most effective way to have it dones is under fluroscope. This way they can pinpoint the area they want to hit. I have seen doctors give my husband this injection in the beginning without the fluroscope and just in an office setting and not only wasn't it effective, but knowing what I know now, I don't know why we even did it then. All in all, with the right doctor and the right tools he has achieved some relief. I hope you achieve some relief for your pain.
-
Testvet -- Thank you for the reply. I am still working at this time. However, as with the rest of the economy, things are in an uproar and I don't know how much longer I can last. I continue to be under Dr. care for my CFS and more than meet the requirement for the 60% evaluation. I have considered not doing anything with my rating, but if my current position is eliminated, I don't think I am physically able to do the job that is left. I just don't know, but feel like I have to look at all possibilities. Also, it has been made clear to me that this particular manager doesn't want anyone with medical restrictions. I had to fight to keep my job when he came onboard. I just don't know how much fight I have left. If I am forced to leave, I will file for SSD. On top of this my dr. has also said that I need to evaluate problems with my arm and shoulder and determine whether I want surgery to fix that problem. This isn't connected to military time at all. The good news is that this isn't as depressing as it sounds. At least I have the time to consider what path to follow.
Again, thanks for your comments.
-
No=not Permanent and total- VA makes a determination of P & T only if the vet is 100% or gets TDIU.
Also the VA can re-evaluate a disability whether they say no future exams or not.
The 60% -is this solely for CFS?
Can you give us the BVA Docket and Citation Number> These decisions are public (no personal info is posted) and we could determine bvetter the answer to your question by reading the decision,
Did you formally claim the adjustment disorder with depression as a separate issue?
Docket # 93-11 229
The Citation Number is 9801156
Decision Date 1/15/98
I only filed for Chronic Fatigue Syndrome.
Thanks for your help.
-
Your award is Permanent and Total. That is big.
Congrats
Pete -- I am totally confused now. It doesn't say Permanent and Total. I have been receiving 60% since 1996. If it is "Permanent and Total", what does that mean? I appreciate the insight.
-
I have been re-reading my BVA decision and have a question I would appreciate help with. I had a C&P exam in 1993 and the result was possible chronic fatigue syndrome, suggestive of no other disease and adjustment disorder with depression.
The ultimate BVA decision granted for CFS. My question is this: Is Adjustment order w/depression considered part of Chronic Fatigue Syndrome, or is that a separate issue? If it is a separate issue, they are not considering that part of the Service Connection, even though I was diagnosed with depression in the service medical records. Or are they just mentioning this as a current status? I hope my question is clear.
The decision also says no extra-schedular evaluations are necessary. Is this what is meant when people say, "No future exams scheduled"? Other than my normal visits to the dr., I have had no C&P exams by VA since 1993.
I apologize if this is confusing, I am just trying to get this straight in my mind. Thanks for your time.
-
Penelope,
You might want to put Sleep Apnea into the Hadit search engine
for your research, also check BVA decisions,
http://www.index.va.gov/search/va/bva.html
carlie
Carlie -- Thank you very much. I will check it out.
-
I want to thank all that have answered my post about an increase rating. I have been doing some research on Sleep Apnea and Chronic Fatigue Syndrome. I would appreciate opinions on the following:
From the CDC site:
http://' target="_blank">Other Conditions That May Cause Similar Symptoms
"In addition, there are a large number of clinically defined, frequently treatable illnesses that can result in fatigue. Diagnosis of any of these conditions would exclude a definition of CFS unless the condition has been treated sufficiently and no longer explains the fatigue and other symptoms. These include hypothyroidism, sleep apnea and narcolepsy, major depressive disorders, chronic mononucleosis, bipolar affective disorders, schizophrenia, eating disorders, cancer, autoimmune disease, hormonal disorders*, subacute infections, obesity, alcohol or substance abuse, and reactions to prescribed medications."
I was diagnosed with Sleep Apnea in December 2008. I have been on the CPAP machine since January 2009. My rating for CFS has been in effect since 1990 at 30% and since 1994 at 60%. Although the CPAP does help with the sleep apnea, and I am no longer complaining to the Dr. of the severe symptoms that I expereinced last year, it has not helped my CFS. For example in the past few days, not working, I have slept almost constantly. Maybe being up only 3-4 hours a day for 3 days. For the most part of the awake time, I have not had the energy to do much other than sit at the computer.
Does the above information from CDC preclude Sleep Apnea as being secondary to Chronic Fatigue Syndrome? This all being said, CDC does say that Sleep Apnea is secondary to Fibromylagia, which is an overlapping condition of CFS and often confused with one another.
Does this mean that if the Doctors write and state that Sleep Apnea has been treated by CPAP sufficiently to determine that it is not the cause of my CFS but is secondary to my CFS in this particular case is that enough to qualify me for the rating for Sleep Apnea.
I am sorry to say that I don't quite understand how this would work and would appreciate the opinions.
If sleep apnea is ruled out by this quote as being secondary, then I believe what I would need to do is wait until I am no longer working and then apply for unemployability. My BVA decision says that no further exams are required for my CFS.
Again, Thanks for your time.
-
OK, I am a little slow and my brain don't always work right but it does work. If you are rated for one condition at 60 % you can file a claim for IU. which means they will pay you at the 100% rate even though you are not rated as 100%. If your doctor states that your conditions are permanent than you should also think about this.
4.16 Total disability ratings for compensation based on unemployability of the individual.
(a) Total disability ratings for compensation may be assigned, where the schedular rating is less than total, when the disabled person is, in the judgment of the rating agency, unable to secure or follow a substantially gainful occupation as a result of service-connected disabilities: Provided That, if there is only one such disability, this disability shall be ratable at 60 percent or more, and that, if there are two or more disabilities, there shall be at least one disability ratable at 40 percent or more, and sufficient additional disability to bring the combined rating to 70 percent or more. For the above purpose of one 60 percent disability, or one 40 percent disability in combination, the following will be considered as one disability: (1) Disabilities of one or both upper extremities, or of one or both lower extremities, including the bilateral factor, if applicable, (2) disabilities resulting from common etiology or a single accident, (3) disabilities affecting a single body system, e.g. orthopedic, digestive, respiratory, cardiovascular-renal, neuropsychiatric, (4) multiple injuries incurred in action, or (5) multiple disabilities incurred as a prisoner of war. It is provided further that the existence or degree of nonservice-connected disabilities or previous unemployability status will be disregarded where the percentages referred to in this paragraph for the service-connected disability or disabilities are met and in the judgment of the rating agency such service-connected disabilities render the veteran unemployable. Marginal employment shall not be considered substantially gainful employment. For purposes of this section, marginal employment generally shall be deemed to exist when a veteran's earned annual income does not exceed the amount established by the U.S. Department of Commerce, Bureau of the Census, as the poverty threshold for one person. Marginal employment may also be held to exist, on a facts found basis (includes but is not limited to employment in a protected environment such as a family business or sheltered workshop), when earned annual income exceeds the poverty threshold. Consideration shall be given in all claims to the nature of the employment and the reason for termination.
Pete -- Thanks again for your reply. At this point, I am employed and don't feel that I would qualify for unemployability. My income is above poverty level for one person. I need to hang on to my job as long as I can. My working environment has changed so much that it is possible my position will be eliminated and I am not sure I will be able find another. The medical insurance is important to my family to cover all the medical expenses. I am not sure how much longer I will be able to continue. I have already had to fight to keep this job twice. They have made it clear that they don't want anyone with medical restrictions. My condition is getting worse, and I am trying to prepare us for down the road. I think it might be best to try see if I would qualify for an increase due to secondary condition. Your help and insight is appreciated.
I really appreciate this board. After reading another post today, I was able to find my BVA decision online. I know I have the orignal here, but haven't read it in a long time. Today, I printed it off and read it. When they made the decision, they considered me for 100% at that time. I forgot all that I went through in working toward that decision.
Again, thanks for your time.
-
More homework for you, reading your post, I see you started off by requesting advice about your claim and not your husband's. Since you have gotten information on your husband's claim let's talk about yours. You say you are SC for Chronic Fatigue Syndrome. In some cases people who have CFS also have: IBS, Fibromyalgia, Depression, headaches, Sleep apnea and other conditions. If you have been treated for these conditions you can file a claim for them as being associated to your already service connected CFS without claiming an increase for CFS. If you have not been treated for these conditions you can have your doctor review your treatment records or perform an exam or refer you to a specialist to determine if you have these conditions and if you do write a statement that he/she believes that they are related to your CFS and then file for service connection for them. Since you are already 60% for CFS and working it would be almost impossible to get 100% for it so try to look at other disabilities to increase your overall service connection. Now back to your husband's if he got out in 1980 and had a motorcycle accident in 1982, he may have a problem with getting service connection for back and hip even though it is in his SMRs. VA may say that his current problem is because of the accident and not his military duties. Hope the best for the both of you.
Hope this make sense.
Pete -- Your reply makes sense to me. That is the reason we never proceeded any further with my husband's claim 3 years ago. As far as my claim goes, I wouldn't qualify for 100% for CFS as it is listed in the rating codes. I more than qualify for the 60% rating, though. Over the years, I have had my same family doctor who helped me with my VA claim in 1990 and my VA doctor has helped me since I was granted service connection. My VA doctor has stated my medical restrictions are permanent. My VA doctor has stated in my records that I am now diagnosed with Sleep Apnea, and Diabetes and he referred me to another doctor for depression. After a change of hours at work, last year, my CFS episode, was devastating. My original thought was that the initial incident was due to low sugar. My VA doctor didn't seemed to concerned, but after a few days where I was in a fog, I went to the family doctor and he had the sleep studies done. I haven't had another incident, since I was put on the CPAP. The one incident made it clear to me that although I have dealt with my situation, the problem could be more serious than I realized. It is hard for me to determine what is actually a secondary condition to Chronic Fatigue. The sleep apnea makes sense to me as sleep disturbances are a part of CFS. For me this is a slow process because I want to make sure I have everything together before I submit a claim.
I appreciate all the information and advice. It sure is a lot easier talking to people about this now than it was 19 years ago. I thank you all for your participation in this site.
-
In July 2006, I have a letter from the St. Petersburg Regional Office, stating that we had submitted an informal claim. They asked us to complete additional forms, which we never did. I also have papers that the Service Officer sent to us for signature, but they were not submitted. My husband will call St. Pete today and request a copy of his c-file.
I looked over his military medical records this morning. In June, 1979 it says that he had lower back pain and been hurt since last week. Painful Palpitation of L lumbar ?? No xrays done. Gave him a profile for 3 days of no PT and no heavy lifting for 4 days. He got out in 1980, and there was no further mention of back issues. He also had surgery for a knee problem in the Army. In his medical records there are mentions of anxiety issues.
He was in supply in the army and had always done heavy work. After the army he was in shipping and receiving, again with heavy work. I think the next time he had a back issue was about 1984. The routine was that when his back went out they had him on bedrest for a few days and then he would go back to work. That continued off and on for years. This all being said, in about 1982 he was in a motorcycle accident and was thrown down the road. He was later diagnosed with hip problems and had his right hip replaced.
He declined an ETS physical when he got out of the Army. He has so many medical issues now, but I am not sure if we can tie them back to his service.
Any help is appreciated.
-
One other thing.
Get ahold of the VA Regional Office where he filed his original claim and obtain his C-file (claim file). Do this ASAP because we'll not be going anywhere with his claim until we know what disposition was made of his last claim.
1-800-827-1000
-
Thanks folks. I appreciate the help. I will get busy on all this today.
-
Larry -- Thank you for answering. I know I have his military medical records and his DD-214, as well. I will look for them today and let you know if I need to order anything additional. Thanks again.
-
Thank you very much for your help. You have given me a lot to think about. Your answers have prompted another question with regard to my husband.
My husband has degeneraqtive disc disease. Has had one hip replaced and the other needs to be done. His military medical records does show one instance of a a back injury. However, it wasn't until several years after military service that he started having recurring flare ups. We went to a service officer once and he said there was no way to prove that the back problems he was having now were related to the injury in the military. that We filed a claim, but I don't remember if we ever heard anything back from anyone and we never investigated further. He has been on Social Security Disability since about 1996. Do you think we should investigate filing his claim again. I just don't know what to think about it.
Thank you very much for your time and advice.
-
Hi Folks -- I have just joined the forum, although I have stopped by in the past. I am at a point where I need some independent advice from those that have dealt with VA.
I have been service connected for Chronic Fatigue Syndrome since 1990. For the first 4 years, the rating was 30%, then they finally determined a rating code and it has been rated at 60% since 1994. Symptoms of chronic fatique syndrome include, but are not limited to sleep apnea, as well as muscle aches and pains, allergies, etc.
My condition has declined in that I now require a CPAP machine any time I sleep, as well as undergoing allergy shots, and injections for various joint pain. I have pretty much dealt with this, however it is getting to a point that I don't know for how much longer I can cope with it all. I currently work a reduced work schedule of 4 days of week, which has helped, but I don't know how much longer I can continue.
It was such a long drawn out process to get my claim finally appealed that I am hesitant to apply for an increase. Most of my medications VA doesn't carry and I use an outside pharmacy. Work is giving me more and more problems about the reduced schedule and it looks like the job I am working may be eliminated in the future. It is a job I can do and have done it for more than 18 years. My husband is a disabled vet, as well, although not service connected. Therefore it would be difficult to face a decrease in my rating. If I wait until 2010, does that mean my rating can't be reduced below 30% because I had 30% for 4 years and 60% for 16 years, or do I start again at 60%.
Any thoughts or advice would be appreciated. Thank you for your time.
Thinking About Filing For Tdiu
in TDIU Unemployability Claims
Posted
Thank you for your responses. I am just afraid that they will try to take my rating away. I am within 1 year for it to be protected. It took me almost 6 years to have that granted. Physically, I am in no shape to go through all that again. It is going to take me a while to get a claim together to submit, as well. I am also trying to learn more about this entire process. Thank you for taking the time to answer my post.